Military Duty Leave for Employees in Massachusetts
Massachusetts employers must provide employees with leave for military duty in accordance with these state rules.
Any member of an organized unit of the ready reserve of the armed forces, who, in order to receive military training leaves a position other than a temporary one for a period not exceeding 17 days in any one calendar year is eligible for military leave privileges.
The period of absence for military training is construed as an absence with leave. The leave may be with or without pay, within the discretion of the employer. Absences for military training do not affect an employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of employment.
Employers are prohibited from depriving members of the armed forces of Massachusetts of employment, denying or preventing employment by another, or obstructing or annoying the member or the member's employer in respect to their employment because of such membership.
It is unlawful for an employer to deny initial employment, reemployment, retention in employment, promotion or any benefit of employment to a person who is a member of, applies to perform, or has an obligation to perform, service in a uniformed military service of the United States, including the National Guard, on the basis of that membership, application or obligation.
Any member of an organized unit of the ready reserve of the armed forces, who, in order to receive military training not exceeding 17 days in any one calendar year, leaves a position other than a temporary one, is entitled to be restored to his or her position or a similar one with the same status, seniority and pay under certain conditions:
- The employee must give notice to the employer of the date of departure and date of return and provide satisfactory completion of such training.
- The employees must still be qualified to perform the duties of the former job.